5.4 Rolling Stock and MOW Equipment: Prior to commencing Work, Buyer shall advise the Site Coordinator and Asset Recovery Contact in writing the following: the Buyer’s requirements for the area where Buyer shall perform the Work, Work plans and schedule, name and contact information for any subcontractor of the Buyer, and the process to remove the Material from the Location. 5.4.1 For Rolling Stock, Amtrak will provide a maximum of two (2) car moves. Thereafter, Buyer agrees to pay Amtrak for each car move at the published Association of American Railroads (AAR) rate. 5.5 Only materials and equipment, which are to be used directly for the Work, shall be brought to and stored in the Permit Area by the Buyer at the Buyer’s own risk. At the request of Amtrak, or after equipment is no longer required for the Work, Buyer shall promptly remove it from the Permit Area. Protection of materials and equipment stored at the Permit Area from weather, theft, damage and all other adversity is solely the responsibility of the Buyer. Amtrak expressly disclaims any and all liability for any materials stored by Buyer in the Permit Area and the Location. 5.6 The Buyer shall ensure that the Work, at all times, is performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the Permit Area and site of the Work shall be free from all liquids, gases, debris, and equipment likely to cause hazardous conditions. The Buyer hereby agrees that it, including its employees, agents, and subcontractors, shall comply with all appliable Laws when performing the Work
